ML20128Q844
| ML20128Q844 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Davis Besse |
| Issue date: | 12/06/1983 |
| From: | Stolz J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20127A737 | List:
|
| References | |
| FOIA-84-794 NUDOCS 8506040320 | |
| Download: ML20128Q844 (8) | |
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y 7590-01 1
UNITED STATES NUCLEAR REGULATORY C099 FISSION THE TOLEDO EDISON COMPANY AND THE CLEVELAND ELECTRIC ILLUMINATING COMPANY DOCKET NO. 50-346 NOTICE OF CONSIDERATION OF ISSUANCE ~OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS i
CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. NPF-3, issued to The Toledo Edison Company and The Cleveland Electric Illuminating Company (the licensees), for operation of the Davis-Besse Nuclear Power Station, Unit No.1, located in Ottawa County, Ohio.
t In accordance with the licensees' application for amendment dated December 26,1980(Ite 1), as modified July 10, 1981 (Item 6), the amendment would change the Technical Specifications applicable to the fire protection systems at the facility. These" changes are in response to the NRC staff request, dated September 23, 1980, for Technical Specification revisions i
to reflect modifications made to the facility fire protection features
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and to incorporate the fonnat anj scope of the current Standard Technical Specifications. The facility modifications were a result of the staff's I
fire protection Safety Evaluation Report dated July 26, 1979. The t
l changes requested affect Specifications 3.3.3.8, Fire Detection i
Instrumentation; 3.7.9.1, Fire Suppression Water Systems; 3.7.9.2, Spray i
l l-8506040320 841100 A
TO 94 PDR
A 7590-01 2-nd/or Sprinkler Systems; 3.7.9.3, Hose Stations; 3.7.9.4, Fire Hydrants and
.ydrant Hose Houses; and 3.7.10, Fire Barrier Penetrations..The changes cqu;sted have (1) added the number of installed fire detectors to Table
.3-14, (2) upgraded and clarified action and surveillance requirements pplicable to the operability of fire detection instruments and fire uppression systems, (3) expanded the number of identified spray or sprinkler ystems which shall be operable, (4) added new specifications dealing with ire hydrants and hydrant hose houses, and (5) upgraded the action and urveillance requirements for fire barrier penetrations.
B fore issuance of the proposed License amendment, the Commission will have ade findings required by the Atomic Energy Act of 1954, as amended (the Act) nd the Commission's regulations.
The Commission has made a proposed determination that the amendment request nvolv;s no significant hazards consideration.
Under the Commission's regula-ions in 10 CFR 50.92, this means that operation of the facility in accordance ith the proposed amendment would not (1) involve a significant increase in the robability or consequences of an accident previously evaluated; or (2) create h2 possibility or a new or different kind of accident from any accident pre-iously evaluated; or (3) involve a significant reduction in a margin of safety.
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. The Commission has provided guidance concerning the application of the standards by providing certain examples (48 FR 14870). One of the examples of actions involving no significant hazards considerations (ii) relates to changes that constitute additional restrictions or controls not presently included in the Technical Specifications.
The changes now under consideration resulted from the staff's review of the facility fire protection safety evaluation report tnat indicated that additional fire protection features were to be added to the facility.
The staff proposes to determine that the amendment does not involve a significant hazard since the modifications to the fire protection systems enhance the ability of the licensee to detect, control, and extinguish fires at the Davis-Besse Nuclear Power Station.
The Commission is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Commission will not normally make a final determination unless 1t receives a request for a hearing.
Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Connission, Washington, D. C.
20555, ATTN:
Docketing and Service Branch.
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i By January 11, 1984, the licensees-may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written petition for leave to intervene.
Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission's " Rules
-of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
If a request
'for a hearing or petition for leave to intervene is filed by the above date, the Commission or an Atomic' Safety and Licensing Board, designated by the Commission
~or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition and the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order.
As required by 10 CFR 62.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding and h:w that interest may be affected by the results of the proceeding.
The peti-tion should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:
(1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered in 4
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- the proceeding on the petitioner's interest. The petition should also identify the. specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a petition for leave to interevene or who has been admitted as a party may amend the petition with-out requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) da9s prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the peti-tion to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the oppor-tunity to participate fully in the conduct of the hearing, including the oppor-tunity to present evidence and cross-examine witnesses.
If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration.
The final detennination will serve to decide when the hearing is held.
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- 4 If the. final determination is that the amendment request involves no "
significant hazards consideration, the Commission may issue the amendment.and make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
If the final determination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
Normally, the Commissicn will not issue the amendment until the expiration of the 30-day notice period.,However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State comments received.
Should the Commission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Commission expects that th'e need to take this action will occur very infrequently.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, l
Washington, D. C.
20555, Attention: Docketing and Service Branch, or may be i
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7590-01 delivered to the Commission's Public Document Room, 1717 H Street, N.W.,
Washington, D. C., by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to John F. Stolz:
petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of I
this FEDERAL REGISTER notice.
A copy of the petition should also be sent to i
Executive Legal Directr, U.S. Nuclear Regulatory Commission, Washington, D.C.'
20555, and to Gerald Charnoff, E:q., Shaw, Pittman, Potts, and Trowbridge,1800 M Street, N.W., Washington, D.C.
20036, attorney for the licensees..
Nantimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer or the Atomic Safety and Licensing Snard designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request.
That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
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s 7590-01
. For further details with respect to this action, see the application for amendment which is available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the University of Toledo Library, Documents Department, 2801 Bancroft Avenue, Toledo, Oh.io 43606..
Dated at Bethesda, Maryland, this 6th day of December 1983.
FOR THE NUCLEAR REGULATORY COMMISSION O
G l}A, ohr F. Stolz, Chief e
]pefating Reacto: s Branch #4 ftfision of Licensirg e
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